Supreme Court case information

Listed below are the substantive Supreme Court cases for the year along with appeals still to be determined or cases awaiting hearing. 

Information giving an overview of the case is included along with media releases and links to judgments being appealed when available.

All 2024 - 2014 Supreme Court cases dismissed or deemed to be dismissed where a notice of abandonment was received can be found here.

Transcripts for cases heard before the Supreme Court are included provided they are not suppressed. Transcripts from pre-trial hearings are not published until the final disposition of trial. These are unedited transcripts and they are not a formal record of the Court’s proceedings. The Ministry of Justice does not accept responsibility for the accuracy or completeness of any material and recommends that users exercise their own skill and care with respect to its use.

22 September 2026

Case information summary (as at 18 September 2026) –  Cases where leave granted (PDF, 112 KB)
Case information summary (as at 18 September 2026)  – Currently unavailable

All years

Case name
BFSL 32007 Limited and others  v Peter David Steigrad
Case number
SC 19/2013
Summary
Civil Appeal – Law Reform Act 1936, s 9 – Charge on insurance monies in favour of third parties paid to indemnify an insured in respect of insured’s liability to third party – Priority between a s 9 charge in favour of third party claimants and an uncharged claim to defence costs by directors of a company – Whether Court of Appeal erred in holding that a s 9 charge only attaches to the balance of the insurance money available to meet third party claims after any defence cost liability has been met – Whether question of priorities under s 9 is subject to contract of insurance.[2012] NZCA 604  CA 674/2011
Result
Leave to appeal is granted.
The approved ground is: 
Did the Court of Appeal interpret s 9 of the Law Reform Act 1936 correctly?  
15 April 2013
________________
The appeal is allowed.

The respondent is to pay costs of $25,000 to the appellants in SC 19/2013 plus usual disbursements (to be set by the Registrar, if necessary). We certify for two counsel.

23 December 2013
Media Releases
Transcript

Hearing date : 17 October 2013

Elias CJ, McGrath, Glazebrook, Gault, Anderson JJ.

Case name
James Patrick Gollan v The Queen
Case number
SC 28/2013
Summary
Appeal against conviction and sentence – Crimes Act, ss 55 and 56 – Whether the Court of Appeal erred in finding that there was no basis that the applicant was acting in defence of his home or property under s 55 or s 56 of the Crimes Act – Whether the force used was reasonable - Whether the Court of Appeal erred in finding that the trial judge was correct to not allow a police job sheet to be admitted by putting it to a person who was not the author of it – Whether the Court of Appeal erred in finding that the trial judge was correct to exclude an article from the Police Association journal – Whether the applicant had adequate facilities and opportunities to prepare a defence – Whether District Court judges should be required to minute all decisions relating to rulings within a trial.[2013] NZCA 29   CA580/2012
Leave judgment - leave dismissed
Recall judgment
Dates

Application for leave to appeal dismissed.
11 June 2013.

Case name
Worthy Redeemed (aka Lee Errol James Silvester) v The Queen
Case number
SC 32/2013
Summary
Evidence – Whether the Court of Appeal erred in declining to admit new evidence from Professor John Raine as it is alleged that the admission of this evidence might reasonably have resulted in different verdicts – Whether the Court of Appeal erred in holding that the propensity evidence of Ryan Moore was admissible and that the trial Judge’s directions in relation to it were adequate.    [2013] NZCA 61   CA 408/2011
Dates

Application for leave to appeal dismissed.
12 June 2013.

Case name
Vikram Kumar and Nirupama Kumar, Robert James Selwyn, Michael Donaldson and Patricia Bronwyn Donaldson v Station Properties Limited (in receivership and liquidation)
Case number
SC 39/2013
Summary
Contract interpretation – Essentiality of terms – Whether respondents breached essential terms of the contract – Repudiation of contract – Whether the Court of Appeal was correct to conclude that the respondents were entitled to cancel the contract with the applicants for repudiation and claim damages.  [2013] NZCA 90  CA 715/2012
Result
Leave to appeal is granted. The approved question is whether Station Properties Ltd was entitled to cancel the agreements for sale and purchase.
21 August 2013
_____________________
The appeal is allowed. The orders of Toogood J are reinstated.
The respondent must pay costs of $25,000 to the appellants collectively, together with reasonable disbursements.
The order for costs in the Court of Appeal is quashed.  Costs in that Court are to be fixed in light of this judgment.
15 October 2014   
_________________
A  The application for recall is dismissed.
B Costs of $10,000 plus usual disbursements are awarded to the appellants.
C The judgment of this Court of 15 October 2014 (Kumar v Station Properties [2014] NZSC 146) is reissued with the corrections and additions noted in the Appendix to this judgment.
1 April 2015
Case name
Allied Concrete Limited v Jeffrey Philip Meltzer and Lloyd James Hayward as liquidators of Window Holdings Limited (in liquidation)
Case number
SC 51/2013
Summary
Companies Act 1993, s 296 – Whether the High Court erred in finding that the giving of value in terms of s 296(3)(c) of the Companies Act 1993 does not include value given at the time the antecedent debt is created – Whether the giving of time to pay was “giving value” for the purposes of the Act – Whether release or discharge of a liability for prior indebtedness is “value” for the purpose of s 296(3)(c). [2013] NZHC 977   Civ 2012 404 3170
Result
Leave to appeal is granted.

The approved question is whether the Associate Judge and Court of Appeal (as the case may be) was correct to conclude that the payments made to Allied Concrete Ltd, Hiway Stabilizers New Zealand Ltd and Fences and Kerbs Ltd should be set-aside and that judgment should be entered against them accordingly.
24 October 2013
____________________
A     The appeals are allowed.  
B    The applications of the liquidators for the transactions to be voided are dismissed.
C    The respondents in each appeal must pay costs of $10,000 to the appellant in the relevant appeal, plus the appellant’s reasonable disbursements.  
D     Absent agreement between the parties, costs in the High Court and Court of Appeal are to be fixed by those Courts in light of this judgment.
18 February 2015
Case name
Acme Engineering Limited v Peter Esmond Farrell and Simon Paul Rogan as liquidators of Contract Engineering Ltd
Case number
SC 79/2013
Summary
Company law – Liquidation – Voidable transactions – Meaning of “gave value” under s 296(3)(c) of the Companies Act 1993 – Whether value must be given at the time payment is received from the company – Whether “new or additional value” must be provided at the time of receipt of such payment – Whether value received by the company at the time of the creation of an antecedent debt constitutes value.[2013] NZCA 91  CA 783/2012
Dates

Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

26 September 2013

Case name
Fences and Kerbs Limited v Peter Esmond Farrell and Simon Paul Rogan as liquidators of Contract Engineering Ltd
Case number
SC 80/2013
Summary
Company law – Liquidation – Voidable transactions – Meaning of “gave value” under s 296(3)(c) of the Companies Act 1993 – Whether value must be given at the time payment is received from the company – Whether “new or additional value” must be provided at the time of receipt of such payment – Whether value received by the company at the time of the creation of an antecedent debt constitutes value.[2013] NZCA 91   CA 773/2012
Result
Leave to appeal is granted.
The approved question is whether the Associate Judge and Court of Appeal (as the case may be) was correct to conclude that the payments made to Allied Concrete Ltd, Hiway Stabilizers New Zealand Ltd and Fences and Kerbs Ltd should be set-aside and that judgment should be entered against them accordingly.
24 October 2013
_________________
A    The appeals are allowed.  
B    The applications of the liquidators for the transactions to be voided are dismissed.
C    The respondents in each appeal must pay costs of $10,000 to the appellant in the relevant appeal, plus the appellant’s reasonable disbursements.  
D     Absent agreement between the parties, costs in the High Court and Court of Appeal are to be fixed by those Courts in light of this judgment.
18 February 2015
Case name
Hiway Stabilizers New Zealand Limited v Jeffrey Philip Meltzer and Lloyd James Hayward as liquidators of Window Holdings Limited
Case number
SC 81/2013
Summary
Company law – Liquidation – Voidable transactions – Meaning of “gave value” under s 296(3)(c) of the Companies Act 1993 – Whether value must be given at the time payment is received from the company – Whether “new or additional value” must be provided at the time of receipt of such payment – Whether value received by the company at the time of the creation of an antecedent debt constitutes value.[2013] NZCA 91   CA 864/2012
Result
Leave to appeal is granted.

The approved question is whether the Associate Judge and Court of Appeal (as the case may be) was correct to conclude that the payments made to Allied Concrete Ltd, Hiway Stabilizers New Zealand Ltd and Fences and Kerbs Ltd should be set-aside and that judgment should be entered against them accordingly.
24 October 2013
________________
A   The appeals are allowed.  
B   The applications of the liquidators for the transactions to be voided are dismissed.
C    The respondents in each appeal must pay costs of $10,000 to the appellant in the relevant appeal, plus the appellant’s reasonable disbursements.  
D    Absent agreement between the parties, costs in the High Court and Court of Appeal are to be fixed by those Courts in light of this judgment.
18 February 2015
Case name
Vincent Ross Siemer v Michael Peter Stiassny and Korda Mentha
Case number
SC 90/2013
Summary
[2013] NZCA 206   CA 362/2012
Result
A The application for leave to appeal is dismissed. B The applicant is to pay costs of $2,500 to the respondents, plus all reasonable disbursements as fixed if necessary by the Registrar to the respondents.
14 November 2013.
Case name
Vincent Ross Siemer v Michael Peter Stiassny and Korda Mentha
Case number
SC 92/2013
Summary
[2013] NZCA 390   CA 166/2013
Dates

A The application for leave to appeal is dismissed.

B The applicant is to pay costs of $2,500 plus all reasonable disbursements (as fixed, if necessary, by the Registrar) to the respondents.

14 November 2013